Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

My friend is the victim of attempted rape and is trying to…

Customer Question
Hi, my friend is...

Hi, my friend is the victim of attempted rape and is trying to press charges for sexual battery. Her lawyer just dismissed her saying that she had no case and brought in a male lawyer for a "male perspective". She was not notified that the lawyer would be doing that. They told her that she was being flirty and that it gave the defendant the idea that it would be consensual. Her texts to him are all work related, they only spoke once, and she filed a police report afterwards and has a protective order. The defendant forced her against a bar, pulled her tights down and pulled out his penis. What are her options?

Lawyer's Assistant: [why=~legal_expert~17.12.3=LEGAL_NO_THEME_CRIMINAL_LAW_1C:.~keywordless~17.18.0

v=31.15 ] Does she have any upcoming court dates on the charges?

They dismissed her court date because they messed it up. It was supposed to be a jury trial. They said they couldn't contact her but there was no missed calls, voicemail, or anything. they just sent a letter after they dismissed it without talking to her Now they say they must re-evaluate the case to determine if it is worth pursuing I noticed in my research that consent can't be assumed if she has a mental illness. Is this true?

Lawyer's Assistant: In what state did this occur?

Illinois

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

She suffers from depression and anxiety. This has caused her significant emotional trauma, PTSD, and has caused distress and dysfunction in her life.

Submitted: 5 months ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 6 minutes by:
11/7/2017
Criminal Lawyer: Longhorn Lawyer, Lawyer replied 5 months ago
Longhorn Lawyer
Category: Criminal Law
Satisfied Customers: 12,951
Experience: Knowledgeable and experienced in criminal law matters.
Verified

I'm not sure why her lawyer is telling her anything about this. Rape is a criminal charge, which means the state presses charges, not the victim. What kind of lawyer is this?

Ask Your Own Criminal Law Question
Customer reply replied 5 months ago
I am not sure, I know it is someone who works in the state Attournies office. I know she wants to speak with the state Attourney about her case because she feels that they are telling her it was her fault and that she has no case because there wasn’t penetration, she talked her way out of the situation. So she can’t press charges for sexual assault because there was no penetration. She dis file a police report and this has been going on for over a year.
Customer reply replied 5 months ago
did*She hasn’t spoken with the states attourney yet but the lawyer who was on her case and said that she was flirting with her assaliant works in the same office. They apparently dismissed her trial because they messed up the date and didn’t contact her to let her know to come. They said she was a non-cooperative witness and dismissed it. Now she is in a place where she needs to prove she has a case worth pursuing. The psychological damage that this event inflicted affected her relationships, her self confidence, and has caused a severe depression. No woman should be told it was her fault that a manager forcefully pushed her against a bar, pulled down her tights, and tried to rape her. She was in a relationship at the time. The assaliant knew that. All conversations on text were work related and most times he had her work alone with him.
Customer reply replied 5 months ago
The state may be the ones pressing charges but they are telling her that her case isn’t worth pursuing. She has a police report on file as well as a protective order against him. He hasn’t contacted her since because she blocked him on everything.
Customer reply replied 5 months ago
Is a lawyer even allowed to bring a “male perspective” in on a sexual battery case? Is there anything else she can do if they refuse to pursue it? Are they even allowed to refuse to pursue her case?
Was this answer helpful?
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 3,242
3,242 Satisfied Customers
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Ely is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,242 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
I filed a police report in Florida stating that I was
I filed a police report in Florida stating that I was accausted and held at gun point by for men on the side of the road. Then men took my shoes and clothing, keys and phone and then left the scene. I… read more
Zoey, JD
Zoey, JD
Doctoral Degree
189 satisfied customers
In a criminal harassment trial (MA 265; 43A), can the
In a criminal harassment trial (MA 265; 43A), can the defense ask the judge to llicit from the jury what their specific findings were? Conviction requires the finding of 3 separate qualifying incident… read more
Zoey, JD
Zoey, JD
Doctoral Degree
189 satisfied customers
The arresting officer in the police report dated his
the arresting officer in the police report dated his narrative as 10 days before the alleged crime was thought to take place his statement is dated 1/20/18 the date of the alleged crime was 1/30/18 … read more
Zoey, JD
Zoey, JD
Doctoral Degree
189 satisfied customers
If a police report was made for abuse but left and was not
If a police report was made for abuse but left and was not arrested what are the next steps? Will I be in trouble? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
189 satisfied customers
I have questions on criminal trial procedures on charges of
I have questions on criminal trial procedures on charges of sexual battery and assault. Will these questions appear online? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
189 satisfied customers
Can a court-appointed criminal attorney [CJA] refuse to
Can a court-appointed criminal attorney [CJA] refuse to admit material evidence related to a case [reverse 404b evidence] and calling (or submitting a motion for witness subpoena) for witnesses of a d… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
1. can charge in criminal court for theft of services. In
1. Fred can charge Susan in criminal court for theft of services. In addition he can file a lawsuit in civil court to collect money.2. Fred does neither and sells me the money she owes him ( accounts … read more
Longhorn Lawyer
Longhorn Lawyer
Lawyer
12,951 satisfied customers
If a criminal case felony was resolved in court with
if a criminal case felony was resolved in court with probation and closed.. CAn it be repopened' … read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
156 satisfied customers
If the discovey and police report are given to a person has
If the discovey and police report are given to a person has not been charged yet but could potentially be charged how will it affect the case… read more
Zoey, JD
Zoey, JD
Doctoral Degree
189 satisfied customers
Will a police report be effected, Alabama, No, That's all
Hi JA: Hello. How can I help? Customer: Will a police report be effected JA: Since laws vary from place to place, what state is this in? And when did this happen? Customer: Alabama JA: Have you talked… read more
Zoey, JD
Zoey, JD
Doctoral Degree
189 satisfied customers
A falsified backdated police report was made against me by
A falsified backdated police report was made against me by an homicide investigator to aid my ex spouse in covering up his domestic violence on me. What can I do about it? … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,596 satisfied customers
Sure - my bf lost his criminal trial on Wed and was
Sure - my bf lost his criminal trial on Wed and was convicted of two felony charges. At the end, the judge remanded him to custody for knowing/willful violation of his probation terms (for a civil dvr… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,349 satisfied customers
If a man is on trial for rape (AKA battery in FL), and there
If a man is on trial for rape (AKA sexual battery in FL), and there exists an ex boyfriend of the alleged victim who has in his possession texts in which she accuses him of date rape and then recants.… read more
Zoey, JD
Zoey, JD
Doctoral Degree
189 satisfied customers
If a man is on trial for rape, can the defense offer
If a man is on trial for rape, can the defense offer evidence that the complainant (alleged victim) has been diagnosed with bipolar disorder in the past?… read more
Zoey, JD
Zoey, JD
Doctoral Degree
189 satisfied customers
In Massachusetts. A police report filed for Criminal
In Massachusetts. A police report filed for Criminal Harassment (c265, s43A) contained firearms license status, and "he purchased 20 guns in the year leading up to this dispute." No malice, no threats… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
156 satisfied customers
I am writing a script about a rape trial in the state of
I am writing a script about a rape trial in the state of Florida. I want to review real jury instructions for my research. Are you able to tell me where I can find real jury instructions for a Florida… read more
Zoey, JD
Zoey, JD
Doctoral Degree
189 satisfied customers
I'm writing a story about a rape trial. In trial, if the
I'm writing a story about a rape trial.In trial, if the alleged victim is giving testimony about the attack/rape, can she describe what her assailant was saying to her during the attack? Can she descr… read more
Zoey, JD
Zoey, JD
Doctoral Degree
189 satisfied customers
I'm writing a script about a rape trial. Can the defense
I'm writing a script about a rape trial. Can the defense attorney introduce testimony that the alleged victim has a history of blacking out drunk during sex or engaging in vindictive behavior against … read more
Zoey, JD
Zoey, JD
Doctoral Degree
189 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x